Larson v. Secretary of State

by
The Supreme Court affirmed the judgment of the district court invalidating the Secretary of State Corey Stapleton’s (Secretary) act of certifying the eligibility of the Montana Green Party to nominate candidates for election to public officers in Montana, holding that the district court did not erroneously invalidate eighty-seven signatures due to noncompliance with Mont. Code Ann. 13-10-601(2).Plaintiffs filed this complaint seeking declaratory judgment that the Secretary’s Green Party certification was invalid due to noncompliance with section 13-10-601(2). The district court invalidated the certification and enjoined the Secretary from giving any effect to the Green Party ballot eligibility petition. The Supreme Court affirmed, holding (1) Plaintiffs’ claim for declaratory and injunctive relief challenging the legal sufficiency of the petition and the Secretary’s certification of the petition stated a cognizable claim for relief; (2) Plaintiffs’ claim did not involve a non-justiciable political question; (3) the Montana Democratic Party had legal standing to challenge the petition and the Secretary’s resulting certification thereof; and (4) the district court did not err in invalidating eighty-seven signatures due to noncompliance with the statute. View "Larson v. Secretary of State" on Justia Law